1st Edition

The Rohingya, Justice and International Law

By Kriangsak Kittichaisaree Copyright 2022
314 Pages
by Routledge

314 Pages
by Routledge

314 Pages
by Routledge

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the... Read more

Part I: Introduction

1 Narratives about the ‘Rohingya’ and Their Plight

2 The Rohingya Situation and International Reactions

Part II: The International Court of Justice: State Responsibility

3 The Gambia’s Case before the ICJ

4 Proving Violations of the 1948 Genocide Convention

Part III: The International Criminal Court: Individual Criminal Responsibility

5 Introduction to the International Criminal Court

6 Practical Difficulties Faced by the ICC

Part IV: Justice in Foreign Domestic Courts

7 Exercise of Universal Criminal Jurisdiction by Argentina and Other Nation States

8 Sanctions and Redress under Domestic Law for Victims of Serious Human Rights Violations Abroad

Part V: Stock Taking

9 Lessons Learnt and Future Possibilities

Biography

Kriangsak Kittichaisaree is a Judge of the International Tribunal for the Law of the Sea. He has served as Chairperson of the UN International Law Commission’s Working Group on ‘The Obligation to Extradite or Prosecute (aut dedere aut judicare)'; and as Thailand’s Ambassador to Iran, Australia and Russia. He has taught international law at renowned law schools in four continents. His publications include International Criminal Law (2001), Public International Law of Cyberspace (2017); The Obligation to Extradite or Prosecute (2018), and International Human Rights Law and Diplomacy (2020).

"This book provides an extremely comprehensive analysis of available legal tools that have been deployed, including sanctions and their criminal and civil enforcement, which the international justice field often ignores. We need to innovate, use all possible tools in fighting against impunity. Those who want to understand the legal tools that are available in this very difficult situation where accountability has been so impossible in the past really need to buy it, review it and have it on the shelf."

(Stephen Rapp, Senior Visiting Fellow at Oxford's Blavatnik School of Government; former US Ambassador-at-Large for War Crimes Issues & former Chief Prosecutor of the Special Court for Sierra Leone).

"There are really a lot of issues that the book has delved into in incredible depth and in a lot of details as the subject deserves, including a synthesis between the two realms of international litigation and prosecution, on the one hand, and universal jurisdiction exercised by domestic courts in different jurisdictions, including in the Global South, on the other hand. This is an area where we need to focus more, and which we currently do not have enough in-depth research on, in order to expand the scope and legal options available to ensure accountability for crimes of international concern."

 (Dr Priya Pillai, Asia Justice Coalition).